Fathers’ rights overnight stays.

Whilst English law states that a child should have a right to a relationship with both parents; fathers do not have an automatic right for their child to stay overnight with them.

If a mother is refusing overnight stays without good reason, a father must seek a Child Arrangements Order. The key factors that are taken into account when determining overnight stays include:

The child’s age, maturity, emotional needs, and wishes and feelings.

The existing relationship between the father and child, and his ability to look after the child and meet their needs.

A court will also consider practical matters such as the distance between homes, and the parents work commitments.

The court’s primary concern will always be what is in the best interests of the child, and whether the child is at risk of any harm.